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2011 Supreme(Mad) 213

T.RAJA
SPIC Pharma Employees Union (SPEU), Rep. by its Vice President – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner:S. Vaidyanathan, Advocate.
For the Respondents:R1 to R3 - S. Sivashanmugam, GA, R4 - S. Ravindran for M/s. T.S. Gopalan & Co, Advocates.

JUDGMENT :-

1. The petitioner has filed the present writ petition seeking issuance of writ of mandamus directing the 1st respondent to refer the dispute, based on the conciliation notice dated 27.07.2010, bearing ref. No.Na.Ka.357/2010 to the appropriate Industrial Tribunal or Labour Court, City Civil Court building, Chennai - 600 104, by fixing a time limit for the Industrial Tribunal to decide the matter.

2. The learned counsel appearing for the petitioner submits that the members of the petitioner's union were affected by the action of the 4th respondent by way of relocation of the unit from Maraimalai Nagar to Cuddalore. Originally, 72 employees were shifted in view of shifting of the unit to Cuddalore and out of 72 employees, except 19 employees, all of the them have joined in the new place, namely, Cuddalore, wherein the unit has been shifted now. In view of shifting of the unit and consequential transfer of the employees to Cuddalore, a demand was made by the petitioner's union demanding a payment of Rs.4,000/- per month till the end of the academic year 2010-11, as they have to maintain two establishment expenses at two places. The management has stated that only Rs.3,500/- a










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